[HISTORY: Adopted by the Town Board of the Town of Johnstown 10-20-2003 by L.L. No.
1-2003. Amendments noted where applicable.]
Cats in the Town of Johnstown have in some instances been allowed
to roam free on property of others and are causing annoyance and damage
to the persons and properties of others; therefore, the Town Board
of the Town of Johnstown enacts the following chapter to protect the
health, safety and property of others from annoyance and damage caused
by cats and to establish the responsibility and liability of cat owners
arising from the conduct of their pets.
The title of this chapter shall be "Cat Control."
As used in this chapter, the following words shall have the
following respective meanings:
The person authorized by the Town Board, by resolution, to
enforce the provisions of this chapter. The Animal Control Officer
shall have all the powers of a constable or other peace officer in
the execution of the provisions of this chapter, including the service
of a summons, the issuing and serving of an appearance ticket and
the service and execution of any other order of process, notwithstanding
any provision of the Uniform Justice Court Act.
Any person who is an owner of a cat or any person who keeps,
harbors or feeds a cat. The owner need not be a resident of the Town
of Johnstown, but for a violation to occur, the cat must be within
the Town limits of the Town of Johnstown.
It shall be unlawful for any owner of or any person harboring
any cat to permit or allow such cat in the Town of Johnstown to:
A.
Be vicious or to spray or to defecate in such a way as to cause annoyance
to any person other than the owner or person harboring such cat.
B.
Cause damage or destruction to property or to commit a nuisance upon
the premises of a person other than the owner or person harboring
such cat.
C.
Remain in the Town of Johnstown unless vaccinated currently against
feline rabies.
Any Town Justice of the Town of Johnstown shall have jurisdiction
to hear all actions and proceedings hereunder and of all prosecutions
for the violations of this chapter.
All complaints concerning alleged violations of this chapter
shall be communicated to the Town of Johnstown Animal Control Officer.
All such complaints shall be investigated, and it shall be the duty
of the Town of Johnstown Animal Control Officer, in the appropriate
case, to proceed with civil or criminal enforcement of this chapter
or any provision of law pertaining hereto.
The Animal Control Officer, having reasonable cause to believe
that a person has violated this chapter, shall issue and serve upon
such person an appearance ticket for such violation.
It shall be the duty of the Town of Johnstown Animal Control
Officer to enforce the provisions of this chapter and to seize all
cats found at large in violation of this chapter or which are ordered
seized by a Town Justice.
A.
Any stray or nuisance cat running at large within the limits of the
Town shall be subject to seizure and impounding with any incorporated
humane society or similar incorporated animal protective association
by any peace officer or by the Animal Control Officer.
B.
Every cat seized shall be humanely fed and cared for until disposition
thereof shall be made as herein provided.
C.
Notice of impounding. The Animal Control Officer shall exercise reasonable
diligence to ascertain the owner of the cat and shall give or cause
to be given reasonable notice to such owner or an adult member of
his or her family that the cat has been seized and will be destroyed
unless redeemed within the period herein provided. If notice is personally
given, such cat will be held for seven days after the day of notice,
during which period the cat may be redeemed by the owner. If notification
is done by mail, such cat will be held for nine days from the date
of mailing, during which period the cat may be redeemed by the owner.
D.
Disposal of unredeemed cats. If not redeemed within five days, except in the case of identified cats as set forth in Subsection C above, the owner of the cat shall forfeit all title to the cat, and the cat shall be adopted or humanely destroyed in accordance with Article 7, § 118, Subdivision 7-a, of the Agriculture and Markets Law.
E.
Enforcement provisions. The Animal Control Officer or any other person
or agency designated by the Town, or authorized by law to seize and
impound a cat pursuant to the provisions of this chapter shall have
the power to seize and impound any cat in violation of any section
of this chapter and issue appearance tickets.
F.
Redemption fees. Any cat seized in accordance with the provisions
of this chapter may be redeemed by the owner of the same upon payment
of the impoundment fees set forth in Article 7, § 118, Subdivision
4, of the Agriculture and Markets Law and proof of vaccination.
The Town of Johnstown reserves the right to pick up those unwanted
cats as space is available and to discontinue the service by resolution
of the Town Board, if necessary.
The first violation of this chapter shall be punishable by a
fine of $25; all subsequent violations shall be punishable by a fine
of $50.
